The cost of any work or improvement to be paid in whole or in
part by special assessment on property may include the direct and
indirect cost thereof, the damages occasioned thereby, the interest
on bonds or notes issued in anticipation of the collection of the
assessments, a reasonable charge for the services of the administrative
staff of the Village and the cost of any architectural, engineering
and legal services, and any other item of direct or indirect cost
which may reasonably be attributed to the proposed work or improvement.
The amount to be assessed against all property for any such proposed
work or improvement shall be apportioned among the individual parcels
in the manner designated by the Village Board.
If more than a single improvement is undertaken, the Village
Board may combine the assessments as a single assessment on each property
affected except that the property owner may object to any one or more
of said improvements.
If after completion or after the receipt of bids, the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Village Board determines to reconsider an assessment, it is empowered, after giving notice as required in §
45-21 to amend, cancel or confirm any prior assessment and notice of this amending, canceling or confirming shall be given by the Village Clerk-Treasurer as provided in §
45-22 of this article.
If the cost of the work or improvement is less than the assessment
levied, the Village Board without notice or hearing shall reduce each
assessment proportionately. If the assessment has been paid either
in part or in full, the Village shall refund the property owner such
overpayment.
Pursuant to § 66.0703(12)(f), Wis. Stats., it shall
be a condition to the maintenance of an appeal that any assessment
appealed shall be paid when due and payable and upon default in payment
any such appeal shall be dismissed.
Pursuant to § 66.0703(13), Wis. Stats., any special
assessment levied under this chapter shall be a lien on the property
against which it is levied on behalf of the Village. The Village Board
shall provide for the collection of such assessments and may establish
penalties for payment after the due date. The Village Board shall
provide that all assessments not paid by the date specified shall
be extended upon the tax roll as a delinquent tax against the property
and all proceedings in relation to the collection of such delinquent
taxes shall apply to such assessment, except as otherwise provided
by statute.
[Amended by Ord. No. 2016-0217A]
A resolution levying special assessment may permit installment
payments and may provide for interest on unpaid amounts. Unless the
resolution provides otherwise:
A. If a special assessment on a parcel exceeds $500, it may be paid
in five equal annual installments.
B. If a special assessment on a parcel is on a corner lot or exceeds
$5,000, it may be paid in 10 equal annual installments.
C. If installment payments are permitted, the first installment shall
be due 30 days after publication of the final resolution.
D. To encourage prompt payment of assessments, the Village will allow
property owners a discount of 2% of the total assessment amount if
the assessment is paid in full within 30 days of the date of invoice
by the Village.
E. Any unpaid balance shall accrue interest at a rate 2% per annum greater
than the rate at which the Village borrowed funds for the work or
improvement.
F. If the Village uses its own funds for the work or improvement, any
unpaid balance shall accrue interest at rate of 2% per annum greater
than the interest rate of a state trust fund loan issued by the Board
of Commissioners of Public Lands pursuant to Ch. 24, Subch. II, Wis.
Stats. If the assessment is to be paid off in five or 10 equal annual
installments, the interest rate shall be the interest rate in effect
for a five-year state trust fund loan as of the date that the special
assessment is levied.